There is a newer version of the West Virginia Code
2005 West Virginia Code - §49-6-5a. — Permanency hearing when court determines reasonable efforts to preserve families not required.
§49-6-5a. Permanency hearing when court determines reasonable efforts to preserve families not required.(a) If the court finds, pursuant to the provisions of subdivision (7), subsection (a), section five of this article that the department is not required to make reasonable efforts to preserve the family, then notwithstanding any other provision, a permanency hearing must be held within thirty days following the entry of the court order so finding.
(b) The purpose of the permanency hearing is to determine the permanency plan for the child that includes: (1) When the child will be returned to the parent; (2) when the child will be placed for adoption, in which event the state will file a petition for termination of parental rights; or (3) when the child will be referred for legal guardianship. In cases where the department has demonstrated a compelling reason for determining it would not be in the best interests of the child to return home, the court shall determine whether the child should be referred for termination of parental rights, be placed for adoption, be placed with a fit and willing relative, be placed with a legal guardian or placed in another planned permanent living arrangement.
(c) Any foster parent, preadoptive parent or relative providing care for the child shall be given notice of and the opportunity to be heard at the permanency hearing provided for in this section.
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